Terms of Service
Last updated: March 15, 2023
Custom Case Coach, LLC (collectively, “Custom Case
Coach”, “us”, “we”, or “our”) provides (1) the Custom
Case Coach website located at www.customcasecoach.com, and
all associated sites linked to www.customcasecoach.com
(collectively, the “Website”), (2) paid digital products, including cases,
courses, drills, e-books, and other digital materials (collectively, the
“Product”), and (3) paid services, including resume and cover letter review,
one-to-one coaching sessions, live or recorded group training sessions,
workshops, intensives, or bootcamps (collectively, the “Services”). The
Website, Product, and Services together are collectively known as the
“Platform”.
These Terms of Service (the “Terms”) apply to
all visitors, users, and others who access or use of the Platform. Your access
to and use of the Platform is conditioned on your acceptance of and compliance
with these Terms.
THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND CUSTOM
CASE COACH. BY ACCEPTING THESE TERMS THROUGH THE WEBSITE OR BY ACCESSING AND
USING THE PLATFORM (INCLUDING THE WEBSITES), YOU ARE ACCEPTING AND AGREEING TO
THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT IN
CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE
RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF
YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF
SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE
SERVICES AND PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE
WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING
THE PLATFORM.
1.
GENERAL USE, TERM AND TERMINATION
1.1 General
Use. By using the Platform, you represent, acknowledge and agree
that you are at least 18 years of age, or if you are under 18 years of age but
are at least 16 years old (a “Minor”), that you are using the Platform with the
consent of your parent or legal guardian and that you have received your
parent’s or legal guardian’s permission to use the Platform and Product and
agree to its Terms. If you are a parent or legal guardian of a Minor, you
hereby agree to bind the Minor to these Terms and to fully indemnify and hold
harmless Custom Case Coach if the Minor breaches any of these Terms. If
you are not at least 16 years old, you may not use the Platform at any time or
in any manner.
1.2 Term
and Termination. This
Agreement shall remain in full force and effect while you use the Platform. You
may terminate your use of the Website or your membership at any time by
following the instructions on the Website. Custom Case Coach may terminate or
suspend your access to the Website, Product, Service, or your membership (as
defined below) at any time, for any reason, and without prior notice or
warning. Upon termination, you must immediately stop using the video course and
delete any downloaded or printed materials. You will not be entitled to a
refund for any fees paid for the video course upon termination.
All provisions of the Terms which by their nature shall
survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
2.
MODIFICATIONS. Custom
Case Coach reserves the right to make changes to the Terms at any time, in its
sole discretion. Notice of such modifications will be posted on the Website or
sent to you via email. It is your responsibility to review and familiarize
yourself with any changes to the Terms. These modifications will take effect
upon posting or notification and continued use of the Website or any Services
after such posting or notification constitutes acceptance of the modified terms
and conditions of the Terms.
3.
ACCOUNTS
8.1
General. You can access certain
portions of the Website, and not access or use any Products or Services, by
simply visiting and viewing the Website. You do not need an account to do
so. However, to access the Products and Services, you must have an
account with Custom Case Coach.
8.2
Account Rules. By
creating an account on our website and using our services, you agree to provide
accurate, complete, and current information about yourself. You agree to take
reasonable measures to keep your user identification, password, and other
account information secure, not to share your password or allow third parties
access to your account, be solely responsible for the security,
confidentiality, legality, and integrity of all messages and content you
receive, transmit, or store using Custom Case Coach and your account, be
responsible for all charges resulting from use of your account, including
unauthorized use prior to your notification of such use to Custom Case Coach
and your taking steps to prevent further unauthorized use, such as changing
your password, complying with the Terms, and complying with all applicable laws
and regulations regarding your use of Custom Case Coach. You must not use any
automated system, including robots or spiders, to access our website or
services in a manner that sends more request messages to our servers than a
human could reasonably produce in the same period of time. You agree to notify
us immediately if you become aware of any unauthorized use of your account.
By creating an account, you represent and warrant that:
a.
All
of the registration information you submit is accurate and truthful;
b.
You
will maintain the accuracy of this information;
c.
You
are 16 years of age or older;
d.
Your
use of our website does not violate any applicable laws or regulations; and
e.
You
are of legal age to agree to these terms and conditions or you have your
parents’ permission to do so.
If we believe that you are in breach of any
of these representations and warranties, we reserve the right to delete your
profile and any associated content, and to terminate your membership without
warning.
8.3
Privacy
Custom Case Coach values your privacy and takes reasonable steps to protect
it. Please review our Privacy Policy on our site to understand our practices
with respect to the collection, use, and disclosure of your personal
information. By accessing or using the Products and Services, you acknowledge
and agree that you have read and understand our Privacy Policy. If you do not
agree with our policies and practices, do not use the Service. We reserve the
right to modify our Privacy Policy at any time. Your continued use of the
Service after any changes to our Privacy Policy will constitute your acceptance
of those changes.
4.
ACCESS. From time to time, the
Products and Services may become inaccessible or inoperable due to various
reasons, including, but not limited to, equipment malfunctions, necessary
maintenance or repairs, and events beyond our control. We cannot anticipate nor
are we to be held responsible for these interruptions.
5.
FEES, TIMING, AND PAYMENT.
8.1
Fees. Custom
Case Coach charges fees for its Products and Services. You acknowledge that
Custom Case Coach reserves the right to change its fees from time to time, in
its sole discretion. By using these Products, you agree to pay Custom Case
Coach the applicable fees. Fees are subject to change at any time and do not
include any charges for the hardware, software, telecommunications access,
lines, connections, or other equipment and services necessary to access and use
Custom Case Coach, which are your responsibility. All fees will be charged to your
credit card at the current exchange rate and you are responsible for paying all
currency conversion charges, taxes, duties, or other charges imposed by any
government entity.
8.2
Timing
and Payment. All fees for Products are paid in advance and are refundable
within 1 day of the initial purchase, unless the Products were purchased at a
sale or discounted price, in which case they are nonrefundable, or unless
otherwise specified in a contract between Custom Case Coach and the customer.
Fees for Services are nonrefundable. Custom Case Coach reserves the right to
deactivate your access to its Services at any time and without advance notice
or liability. If you do not pay any amount when it is due, Custom Case Coach
may suspend or terminate your access to its services.
6.
OWNERSHIP AND INTELLECTUAL PROPERTY. The
Platform and its original content, features and functionality are and will
remain the exclusive property of Custom Case Coach, LLC and its licensors. The
Service is protected by copyright and other laws of both the United States and
foreign countries. Our trademarks and trade dress may not be used in connection
with any product or service without the prior written consent of Custom Case
Coach, LLC. This includes text, software, scripts, graphics, images, audio,
video, and interactive features. We reserve all rights not expressly granted in
relation to our website and its content.
You may not use, copy, reproduce, modify, translate,
publish, broadcast, transmit, distribute, perform, upload, display, license,
sell, or exploit our Platform for any purpose without our prior written
consent. This includes any image, audio, or visual content, trademarks,
third-party user submissions, or other proprietary rights not owned by you. If
you download or print a copy of our content for personal use, you must retain
all copyright and other proprietary notices. You may not use our content in any
way that violates the rights of any third party.
7.
LINKS TO OTHER WEB SITES. Our Platform
may contain links to third-party websites or services that are not owned or
controlled by Custom Case Coach.
7.1 Custom Case Coach has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of
any third-party websites or services. You further acknowledge and agree that
Custom Case Coach shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on or
through any such web sites or services.
7.2 We strongly advise you to read the terms and
conditions and privacy policies of any third-party web sites or services that
you visit. Custom Case Coach has no control over, and assumes no responsibility
for, the content, accuracy, privacy policies, or practices of, or opinions
expressed in any third-party websites. By using the Website, you expressly
relieve Custom Case Coach from any and all liability arising from your use of any
third-party website.
8.
LIMITATION OF LIABILITY
8.1
We,
our suppliers, and our respective officers, directors, employees, and agents
shall not be liable to you or any third party for any indirect, incidental,
special, punitive, or consequential damages whatsoever, including lost profits,
whether based on warranty, contract, tort, or any other legal theory. This
limitation of liability shall apply to the fullest extent permitted by law in
the applicable jurisdiction.
8.2
Our
liability to you for any reason shall be limited to the amount paid, if any, by
you to us for our services in connection with the Website during the term of
your membership. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitations and exclusions
may not apply to you.
8.3
You
acknowledge that we shall not be liable for user submissions or the defamatory,
offensive, or illegal conduct of any third party, and that the risk of harm or
damage from the foregoing rests solely and entirely with you.
9.
INDEMNITY. You agree to defend,
indemnify, and hold us, our officers, directors, employees, and agents,
harmless from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, demands, and expenses (including but not limited to
attorneys’ fees) arising from:
a.
Your
use of and access to our Website or any content that you post on it;
b.
Your
violation of these Terms or your representations and warranties set forth above;
c.
Your
violation of any third party right, including without limitation any copyright,
property, or privacy right; or
d.
Any
claim that one of your user submissions caused damage to a third party.
10. DISCLAIMER OF WARRANTIES. Custom
Case Coach has no special relationship with or fiduciary duty to you. You
acknowledge that we have no control over, and no duty to take any action
regarding:
a.
Who
gains access to our website;
b.
What
content you access through our website and its affiliated services;
c.
What
effects the content may have on you;
d.
How
you may interpret or use the content; or
e.
What
actions you may take as a result of being exposed to the content.
10.1 You release us from all
liability for you having acquired or not acquired content through the Platform.
The Platform may contain, or direct you to sites containing, information that
some people may find offensive or inappropriate. We make no representations
concerning any content contained in or accessed through the Platform, and we
will not be responsible or liable for the accuracy, copyright compliance,
legality, or decency of material contained in or accessed through the Platform.
10.2 To the fullest extent permitted
by law, we, our suppliers, and each of our respective officers, directors,
employees, and agents, disclaim all warranties, express or implied, in
connection with the Platform and your use thereof, including warranties of
merchantability, fitness for a particular purpose, and non-infringement. In
addition, neither we nor our suppliers, nor any of our respective officers,
directors, employees, and agents, make any warranties or representations about
the accuracy or completeness of the Website’s content or the content of any
sites linked to the Website, and assume no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content;
11. ARBITRATION. Any dispute, claim, or
controversy arising out of or relating to this agreement or the breach,
termination, enforcement, interpretation, or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate,
shall be determined by arbitration. Any disputes arising out of or related to
this Agreement shall be resolved through binding arbitration in New York, New
York. The arbitration shall be conducted in accordance with the American
Arbitration Association’s International Dispute Resolution Procedures. The award rendered by the arbitrator(s) shall
be final and binding on the parties, and judgment may be entered thereon in any
court having jurisdiction. The arbitrator shall have the authority to grant
specific performance and to allocate between the parties the costs of
arbitration (including service fees, arbitrator fees and all other fees related
to the arbitration) in such equitable manner as the arbitrator may determine. The
prevailing parts is be entitled to be reimbursed for any other costs or
expenses related to the arbitration, including attorneys’ fees and expert
witness fees.
12. ASSIGNMENT. You may not transfer or
assign this agreement or any rights and licenses granted under it without our
prior written consent. We may freely transfer, assign, or delegate this
agreement and any of our rights or obligations under it.
13. GOVERNING
LAW. These Terms shall be governed and construed in
accordance with the laws of New York, United States, without regard to its
conflict of law provisions. Our failure to enforce any right or provision of
these Terms will not be considered a waiver of those rights. If any provision
of these Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain.